Farmworker health and safety rules

Washington State requires employers to give farmworkers:

• a 10 minute rest break every 4 hours
• a 30 minute unpaid meal period if you work more than 5 hours
• the right to overtime (1.5 times regular pay) if you work more than 40 hours in one week for the same employer.

Rest breaks

Your employer must give you a 10 minute rest break, free from work duties for every 4 hours worked. Your employer cannot make you work for more than 3 hours without a rest break. Rest breaks must be scheduled as close to the midpoint of a work period as possible. 

Employers may require you to stay on the job site during the rest break, but they must also provide reasonable access to bathrooms. Employers cannot restrict bathroom use to scheduled rest breaks, or unreasonably limit time taken to use the bathroom.

Rest breaks are considered as part of “hours worked” when calculating paid sick leave and overtime.

The rest break requirement cannot be waived even if both the worker and employer agree.

Meal periods

Employers must be allowed a 30 minute meal period if they work more than 5 hours in a shift.

Meal periods may be unpaid time if you are completely free of work duties during the meal time. Unpaid meal periods are not considered as part of “hours worked” when calculating sick leave and overtime.

If you are required to remain on duty or on call by the employer during the meal period (the meal period may be interrupted by work duties), then the meal period must be paid and considered “hours worked” even if they are not called back to work during the meal period.

The meal period requirement may be waived if both the worker and employer agree.

What if my employer does not give me rest breaks or meal periods?

Not giving required rest breaks or meal periods is considered a wage violation and you have the right to file a workplace rights complaint with Washington’s Department of Labor and Industries (LNI). LNI enforces rest break and meal period rules in Washington.

You may also file a lawsuit for wage violations. For example, failure to pay a piece rate during a required rest break is a wage violation according to Washington’s Supreme Court.

You should gather evidence to prove the violation, including: 

• A calendar of dates and times worked, with clock-in and clock-out times
• Wages or piece rates promised to you
• Paychecks or paystubs showing what you were actually paid
• Witness statements from co-workers

Washington’s Department of Labor & Industries has more information about the requirements for rest breaks, meal periods, and schedules.

Try to get legal help from Northwest Justice Project’s Farm Worker Unit if you think your wage rights have been violated.